Sunset License Regulate Psychiatric Technicians

Psychiatric technicians - regulation by state board of nursing - grounds for discipline - continuation under sunset law. The act implements the recommendations of the department of regulatory agencies' sunset review and report on the licensure and regulation functions of the state board of nursing (board) regarding psychiatric technicians as follows:

• Continues the functions of the board in licensing and regulating psychiatric technicians for 15 years, until September 1, 2034 (sections 1 and 2 of the act);
• Changes references to "accredited" psychiatric technician education programs to "approved" to more accurately reflect that the programs are approved by the board rather than accredited (sections 3, 5, 6, and 8);
• Modifies the grounds for discipline related to alcohol or substance use or abuse to eliminate reference to having an alcohol or substance use disorder and instead clarifying that a person is subject to discipline for habitual or excessive use or abuse of alcohol or drugs (section 7);
• Eliminates as a grounds for discipline having a physical disability or intellectual or developmental disability that renders the person unable to safely practice and instead subjects a person to discipline for failure to notify the board of, or act within the limitations created by, a physical illness or condition or behavioral, mental health, or substance use disorder that affects the psychiatric technician's ability to safely practice. Additionally, the act authorizes the board to enter into a confidential agreement with the psychiatric technician to limit his or her practice and makes failure to comply with the agreement grounds for discipline (sections 7 and 9).
• Removes the terms "willfully" and "negligently" from several grounds for disciplining a psychiatric technician (section 7); and
• Eliminates the requirement that the board send letters of admonition by certified mail (section 10).

Specified provisions of the act are contingent upon House Bill 19-1172 becoming law.

(Note: This summary applies to this bill as enacted.)